Thomas v. Travelers Insurance

Order unanimously affirmed, with costs. Memorandum: Plaintiff-respondent sustained personal injuries when he was struck by an automobile insured by defendant-appellant Allstate. At the time of the accident plaintiff was crossing the highway after leaving a restaurant intending to enter his own parked vehicle insured by defendant-respondent Travelers. From the testimony at the examination before trial it is not clear whether plaintiff had actually touched the door handle of his vehicle before being struck by the vehicle insured by Allstate but he was close to it and it is conceded his…